Online notaries handling tangible documents must confirm the document matches the one the principal signed, and specific recording, timing, and certificate steps apply.
Sec. 406.1103. ONLINE NOTARIZATION PROCEDURES FOR TANGIBLE DOCUMENTS. (a) In performing an online notarization in which the principal signs with a tangible symbol and not an electronic signature, an online notary public shall reasonably confirm that a document before the online notary public is the same document in which the principal made a statement or on which the principal executed a signature. (b) An online notary public satisfies the requirement of Subsection (a) to take an acknowledgment of a signature on a tangible document if: (1) during a video and audio recording described by Section 406.108(a)(6): (A) the acknowledgment is displayed to and identified by the principal; and (B) the principal signs the document and a declaration in substantially the following form that is a part of or securely attached to the document: "I declare under penalty of perjury that the document of which this declaration is a part or to which it is attached is the same document on which (name of online notary public), an online notary public, performed an online notarization and before whom I appeared by means of two-way video and audio conference technology on (date). ________________________ (Signature of principal) ________________________ (Printed name of principal)"; (2) the principal sends the document and declaration to the online notary public not later than the third day after the date the online notarization was performed; and (3) the online notary public: (A) in the video and audio recording under Subdivision (1), records the principal signing the document and declaration; (B) receives the document and declaration sent by the principal under Subdivision (2) not later than the 10th day after the date the online notarization was performed; and (C) after receipt of the document and declaration from the principal, executes a notarial certificate that includes a statement in substantially the following form: "I, (name of online notary public), witnessed, by means of video and audio conference technology, (name of principal) sign the attached document and declaration on (date).". (c) An online notarization performed in compliance with Subsection (b) complies with any requirement regarding the execution of a notarial certificate and is effective on the date the principal signed the declaration under Subsection (b)(1)(B). (d) A notarial certificate executed in the form described by Subsection (b)(3)(C) may be relied on as conclusive evidence of compliance with Subsections (b)(2) and (b)(3)(B). (e) Subsection (b) does not preclude use of another procedure to satisfy Subsection (a) for an online notarization performed with respect to a tangible document. Added by Acts 2023, 88th Leg., R.S., Ch. 258 (S.B. 1780), Sec. 6, eff. January 1, 2024.